ORAL JUDGMENT

Date : 23-01-2024 Heard the parties.

2. By way of this writ petition, the petitioners are challenging the award dated 02.02.2011 passed by the Permanent Lok Adalat, Sitamarhi in a case bearing Case No. PL (Misc.) 02 of 2011.

3. It is the case of the petitioners that in the year

2004 partition of family property was done between petitioner No. 1 and respondent No. 2 by way of Panch and accordingly Panchnama dated 30.09.2004 was prepared and the same was accepted by sisters and mother of petitioner No. 1. Based on the aforesaid Panchnama, petitioner No. 1 made an application for creation of Jamabandi of land which he got through Panchnama and a case bearing No. 171 of 2004-05 was instituted. In the said case respondent No. 02 raised objection against the said application but the same was rejected by the Circle Officer, Sheohar vide his order dated 04.01.2005. The Circle Officer allowed the petitioner’s application for creation of Jamabandi and subsequently Jamabandi was created in favour of petitioner No.1 on the lands which he obtained through Panchnama. After creation of Jamabandi, the respondent No. 2 filed Mutation Appeal No. 02 of 2005 before the DCLR against the orde